This Symposium, co-hosted by Afronomicslaw and the Dalhousie Law Journal Blog is an outcome of one of the streams at the 2019 Annual Purdy Crawford Workshop at the Schulich School of Law. The theme of the Workshop which took place from Sept. 26–28 was “The Role of Business Regulation in Advancing the Sustainable Development Goals.” Co-organized by three Schulich School of Law Professors, the Workshop featured three inter-disciplinary and simultaneous streams as well as cross-over plenaries that focused on: “SDGs and Revenue Mobilization” – convened by Kim Brooks, the Purdy Crawford Chair in Business Law; “SDGs, Trade, Investment, and Inequality” convened by Olabisi D. Akinkugbe; and “Business Responsibilities for Human Rights and Environmental/Climate Justice – convened by Sara Seck.” The contributions to this symposium were initially presented as part of “SDGs, Trade, Investment, and Inequality” stream

Akinkugbe, Olabisi D

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Schulich Scholars (Schulich School of Law, Dalhousie University)

Schulich School of Law, Dalhousie University Schulich Law Scholars Articles, Book Chapters, & Blogs Faculty Scholarship 11-26-2019 Symposium on Sustainable Development Goals, Trade, Investment, and Inequality Olabisi D. Akinkugbe Dalhousie University Schulich School of Law, olabisi.akinkugbe@dal.ca Follow this and additional works at: https://digitalcommons.schulichlaw.dal.ca/scholarly_works  Part of the Commercial Law Commons, International Trade Law Commons, and the Law and Society Commons Recommended Citation Olabisi D Akinkugbe, "Symposium on Sustainable Development Goals, Trade, Investment, and Inequality" (26 November 2019), onine (blog): AfronomicsLaw Blog < https://www.afronomicslaw.org/2019/11/26/symposium-on-sustainable-development-goals-trade-investment-and-inequality/ > [https://perma.cc/95GG-MRXC]. This Article is brought to you for free and open access by the Faculty Scholarship at Schulich Law Scholars. It has been accepted for inclusion in Articles, Book Chapters, & Blogs by an authorized administrator of Schulich Law Scholars. For more information, please contact hannah.steeves@dal.ca. 1/5Symposium on Sustainable Development Goals, Trade,Investment, and Inequalityafronomicslaw.org/2019/11/26/symposium-on-sustainable-development-goals-trade-investment-and-inequalityCategory:AnalysisSubcategory:Symposium PostsBy:Olabisi D. AkinkugbeNovember 26, 2019The Purdy Crawford WorkshopThis Symposium, co-hosted by Afronomicslaw and the Dalhousie Law Journal Blog is anoutcome of one of the streams at the 2019 Annual Purdy Crawford Workshop at the SchulichSchool of Law. The theme of the Workshop which took place from Sept. 26–28 was “TheRole of Business Regulation in Advancing the Sustainable Development Goals.” Co-organized by three Schulich School of Law Professors, the Workshop featured three inter-disciplinary and simultaneous streams as well as cross-over plenaries that focused on:“SDGs and Revenue Mobilization” – convened by Kim Brooks, the Purdy Crawford Chair inBusiness Law; “SDGs, Trade, Investment, and Inequality” convened by Olabisi D.Akinkugbe; and “Business Responsibilities for Human Rights and Environmental/ClimateJustice – convened by Sara Seck.” The contributions to this symposium were initiallypresented as part of “SDGs, Trade, Investment, and Inequality” stream.Introduction to the Symposium on Sustainable Development Goals, Trade, Investment,and InequalityThe adoption of the United Nations Sustainable Development Goals (SDGs) by all MemberStates of the United Nations in 2015 committed them to undertake a range of actions that willreduce poverty, promote prosperity, protect the environment, but, also take steps towardsaddressing inequality within and among nations. In this regard, the 2030 agenda for2/5sustainable development aim at transforming the world by ensuring, simultaneously, humanwell‐being, economic prosperity, and environmental protection. The SDGs are embedded inlong standing ideological and philosophical debates about the relationship betweendeveloping and developed countries on the one hand, and the relationship of these countriesvis-à-vis the exploitation of their natural resources in contemporary times. The debate hassince assumed a different dimension based on the activities of multinational/transnationalcorporations in the extractive industries in many developing countries.Although anchored on the currency of “sustainable development”, the challenges that theSDGs address are not novel.The SDGs are ambitious; riddled with accountability andevaluation challenges; as well as measurement of implementation or operationalization atthe national and international levels to mention a few. These challenges have deep historicalroots; they typify the perennial Global North and Global South socio-economic andenvironmental issues which critical third world and development scholarship have andcontinue to examine.For example, inequality in trade, investment, and financial relations between develop anddeveloped nations is an important goal of the SDGs. Target 6, Goal 10 aims to “[e]nsureenhanced representation and voice for developing countries in decision-making in globalinternational economic and financial institutions in order to deliver more effective, credible,accountable and legitimate institutions.” To “reduce inequality within and among countries”,the SDGs Target 8 will “[i]mplement the principle of special and differential treatment fordeveloping countries, in particular least developed countries, in accordance with World TradeOrganization agreements”; while Target 9 will “[e]ncourage official development assistanceand financial flows, including foreign direct investment, to States where the need is greatest,in particular least developed countries, African countries, small island developing States andlandlocked developing countries, in accordance with their national plans and programmes.”The foregoing targets raise significant issues that intersect existing debates on inequality,trade, investment and development in the context of the relationship between state and non-state actors in international law.On the one hand, the aspirational nature of these targets invoke a curious, and ratherpessimist, feeling of how has the plight of the unequally rivalled territories of the world beenimproved by previous UN related projects that were centered around various decades ofdevelopment, such as the precursor to the SDGs, the Millennium Development Goals, or the1960 UN Decade of Development that began these UN led agendas. On the other hand, theSDGs also provoke a nostalgic feeling regarding previous political projects led by ThirdWorld Countries such as the New International Economic Order of the 1970s and theunsuccessful attempt to restructure an oppressive international economic order and legalregime.In short, the SDGs and its interesting set of targets are a fertile ground not only to reimaginepast UN led decade themed goals and their implications for (sustainable) development, but,to also situate them in contemporary discourse of the activities of nations, transnational3/5corporations and other non-state actors. As part of the 2019 Purdy Crawford Workshop, thecontributions to the symposium on “Sustainable Development Goals, Trade, Investment, andInequality” critically examine these goals from the vantage point of each contributor’sscholarly expertise.The Symposium features 10 excellent contributions from the participants. Following thisIntroduction by Olabisi D. Akinkugbe is Ibironke T Odumosu-Ayanu’s post titled “SustainableDevelopment and Community Content in the Oil and Gas Industry”. In many developingcountries, Prof. Odumosu-Ayanu notes, “oil and gas development has historically contributedto some of the challenges that the SDGs seek to address – climate change andenvironmental degradation, population displacement, economic and social inequality, armedconflict, gender-based violence, tax evasion and corruption, increased risk of certain healthproblems, and the violation of human rights.” Her contribution “focuses on the inequalitiesthat result within countries as a result of the activities of the oil and gas industry and whichendure in spite of the local content policies that are adopted” by looking at the context of theindustry in Nigeria.Using Nigeria as a case study, Ohio Omiunu’s contribution examines the “localization of theUN SDGs” through the sub-national governments. Highlighting the problems that areinherent in the current vertical nature of the SDGs, he argues that merely “localizing theSDGs is not a magic bullet solution to development problems in Nigeria.” In his view, theinvolvement of sub-national governments “as collaborators and co-rule designers is crucial tothe successful attainment of the SDGs.” Dr. Eghosa Osa Ekhator’s contribution stretches theanalysis beyond national boundaries to the African continent. He assesses the barriers to theimplementation of the SDGs in Africa. In particular, he reflects on two pertinent questions: (i)“With the history and activities of Multinational Corporations in Africa, can we expect a fruitfulpartnership with the governments of African States?” (ii) “Are there existing frameworkscapable of delivering national outcomes or development programmes envisaged by theSDGs in Africa?” Like, Dr. Omiunu, Dr. Ekhator argues that “effective partnerships orcollaborations (e.g. between government, academia, public sector, private sector, civicsociety and local communities amongst others) need to be developed in order to achievesustainable SDGs outputs” in Africa. He contends that mobilizing domestic financialresources within and by Africans is critical to the achievement of these goals.Providing a different perspective outside of the African continent Salvador HerenciaCarrasco’s contribution examines the role of the Inter-American Human Rights System(IAHRS) and in particular, the jurisprudence from the Inter-American Court of human Rights(IACtHR) in probing the role of SDGs in human rights litigation. Salvador argues that “as theIAHRS consolidates its jurisprudence on ESC rights, the SDGs could contribute to setspecific targets for states which could bolster non-repetition guarantees and institutionalreforms ordered by the IACtHR.4/5The challenge of access to justice for the victims of international investment by transnationalcorporations is at the heart of Tamar Meshel; Akinwumi Ogunranti, Michael Marin as well asPenelope Simons and Anthony Vanduzer’s excellentcontributions. Tamar Meshel examinesthe plight of the “victims of human rights violations at the hands of transnational corporations[noting that] the question of redress remains daunting. With the challenge of access to justiceconfronted by these victims before domestic courts now an issue at the forefront ofinternational discourse, she examines the potential of the the draft UN Treaty for Businessand Human Rights to provide access to remedy for these victims. On their part, PenelopeSimons and Anthony Vanduzer contextualize the challenge of access to justice in relation tointernational investment agreements. They proffer some concrete but measured proposalswith respect to how international investment agreements can be drafted and leveraged uponto seek justice for the victims of human rights violations in the extractive industries.Michael Marin’s contribution moves the analysis further in asking a pertinent questionrelating to the liability of officers and directors in transnational human rights litigation. Insearch of remedy for the victims of human rights violation in transnational extractive industry,Marin contends that “suing the agents of the parent company (e.g. its directors or officers) islikely to be a more effective deterrent than suing the parent company itself. In other words,… that personal liability, as opposed to corporate liability, may be a better way of using tortlaw to ensure that TNCs respect human rights.” In his contribution, Akinwumi Ogunranti,examines the question whether a Business and Human Rights Arbitration is worthestablishing. Situating his analysis in the context of the ongoing reform of the InternationalCenter for Settlement of Investment Dispute and the United Nations Commission onInternational Trade Law, he contends that the omission of the local communities underminesthe legitimacy of the reform efforts in two respects. Amidst the reform processes of the ICSIDand UNCITRAL, Akinwunmi, contends that the introduction of Business and Human Rightsarbitration Rules is unnecessary in international dispute resolution.The penultimate post by Mariam Momodu asks whether transnational private regulation canfacilitate the achievement of the SDGs while simultaneously “minding the business that paysthem.”? Noting the ambitious nature of the SDGs, Mariam Momodu examines “the traditionaland emerging approaches through which the private sector contributes to the attainment ofthe SDGs. She argues that while “private regulation is not a silver bullet in the global questfor sustainable development, considering the inherent legal, administrative, institutional andpolitical concerns. … seeing the private sector as a partner in rule making and enforcementopens a realm of possibility in terms of possible collaborative models among stakeholderstowards achieving the SDGs.”The final post by Obiora Okafor on focuses on “International Accountability in theImplementation of the Right to Development” via an examination of the notion of‘accountability’ espoused in two Reports of the UN – the UN High-Level Panel on the post-2015 Development Agenda (May 2013) and the UN Secretary-General’s Report (July 2013).For Okafor, “the particular conception of accountability espoused in these two reports is a5/5limited one. Its near-entire focus is on accountability at the national level. Not nearly as muchis said about the role of good governance on the international plane in fostering the kind ofmutual accountability that is envisaged.” Okafor showes that development praxis haveexisted for some time at the African regional level to demonstrate what meaningfulmechanisms for ensuring some accountability may look like, and while he cautions that theapproach, as is, does not apply outside Africa and “does not completely plug theaccountability issue” in relation to the SDGs, he suggested an augmented form of theapproach – one that “ungirded by hard law” as an approach that “ought to be replicated atthe UN level.On a final note, I would like to acknowledge Joy Kategekwa and James Thuo Gathii, both ofwhom were also participants at the 2019 Purdy Crawford Workshop.Log in or register to post comments  

Symposium on Sustainable Development Goals, Trade, Investment, and Inequality

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